13
Last updated April 2020 These EU Timber Regulation country overviews were developed by UNEP-WCMC for the European Commission. However, their content does not necessarily reflect the views or policies of the UN Environment Programme, UNEP-WCMC, the European Commission, contributory organisations, editors or publishers, and they cannot be held responsible for any use which may be made of the information contained therein. The boundaries and names shown and the designations used on the above map do not imply official endorsement or acceptance by the United Nations. CAMEROON COUNTRY OVERVIEW TO AID IMPLEMENTATION OF THE EUTR LAND AREA: 47.56 million hectares 1 FORESTED AREA: 22 million hectares 1 46% of total land area FOREST TYPE: Permanent forest estate 11.78 million hectares, Non- permanent forest estate 10.22 million hectares 1 LAND OWNERSHIP: 94% government administered 2 6% designated for local communities 2 PROTECTED AREAS: 9.95 million hectares 1 48% of forests found in protected areas 3 VPA STATUS: VPA entered into force in December 2011 4 ECONOMIC VALUE OF FOREST SECTOR: TREE COVER CHANGE: USD 695.3 million in 2011 5 2.8% of the GDP in 2011 5 , 2.07% of GDP in 2017 6 38 th highest exporter of EUTR products globally in 2017 by weight (kg) 7 58 th highest exporter of EUTR products globally in 2017 by value (USD) 7 121 thousand hectares of tree cover loss in 2018 8 (Average of 137.2 thousand hectares per year 2014– 2018 8 ) [noting that ‘tree cover’ may be natural forests or plantations and that ‘loss’ can be due to a variety of factors]. 65.1 thousand hectares of tree cover gain 2001– 2012 8 . CERTIFIED FORESTS: CHAIN OF CUSTODY CERTIFICATION: FSC certification: 341 708 hectares (2019) 9 PEFC certification: none (2019) 10 OLB certification: 2 030 214 hectares (2017) 1 FSC certification: 6 CoC certificates (2019) 9 PEFC certification: none (2019) 10 Other CoC certification: 2 BV-CW, 2 SGC-CW and 2 SW-CW certificates (2017) 1 MAIN TIMBER SPECIES IN TRADE: Okan (Cylicodiscus gabonensis), movingui (Distemonanthus benthamianus), kossipo (Entandrophragma candollei), sapelli (E. cylindricum), tali (Erythrophleum ivorense and E. suaveolens), azobé (Lophira alata), iroko (Milicia excelsa), dabéma (Piptadeniastrum africanum), ayous (Triplochiton scleroxylon) 11,12 . CITES-LISTED TIMBER SPECIES: 21 species:, Dalbergia afzeliana, D. boehmii, D. dalzielii, D. ealaensis, D. ecastaphyllum, D. hostilis, D. lactea, D. louisii, D. melanoxylon, D. oligophylla, D. pachycarpa, D. rufa, D. saxatilis, D. sissoo, Diospyros ferrea, Guibourtia demeusei, G. pellegriniana, G. tessmannii, Pericopsis elata, Prunus africana and Pterocarpus erinaceus (all Appendix II) 13 RANKINGS IN GLOBAL FREEDOM AND STABILITY INDICES: Rule of law index 14 4 th quarter 124/128 in 2020 (score: 0.36/1) Corruption perception index 15 4 th quarter 153/180 in 2019 (score: 25/100) Fragile states index 16 4 th quarter score: 97 in 2020 (rank: 158/172) Freedom in the world 17 4 th quarter 171/195 in 2020 (score: 18/100)

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Page 1: Last updated April 2020 CAMEROON

Last updated April 2020

These EU Timber Regulation country overviews were developed by UNEP-WCMC for the European Commission. However, their content does not necessarily reflect the views or policies of the UN Environment Programme, UNEP-WCMC, the European Commission, contributory organisations, editors or publishers, and they cannot be held responsible for any use which may be made of the information contained therein. The boundaries and names shown and the designations used on the above map do not imply official endorsement or acceptance by the United Nations.

CAMEROON COUNTRY OVERVIEW TO AID IMPLEMENTATION OF THE EUTR

LAND AREA: 47.56 million hectares1

FORESTED AREA: 22 million hectares1 46% of total land area

FOREST TYPE:

Permanent forest estate 11.78 million hectares, Non-permanent forest estate 10.22 million hectares1

LAND OWNERSHIP:

94% government administered2 6% designated for local communities2

PROTECTED AREAS:

9.95 million hectares1 48% of forests found in protected areas3

VPA STATUS: VPA entered into force in December 20114

ECONOMIC VALUE OF FOREST SECTOR: TREE COVER CHANGE:

USD 695.3 million in 20115 2.8% of the GDP in 20115, 2.07% of GDP in 20176

38th highest exporter of EUTR products globally in 2017 by weight (kg)7

58th highest exporter of EUTR products globally in 2017 by value (USD)7

121 thousand hectares of tree cover loss in 20188 (Average of 137.2 thousand hectares per year 2014–

20188) [noting that ‘tree cover’ may be natural forests or

plantations and that ‘loss’ can be due to a variety of factors].

65.1 thousand hectares of tree cover gain 2001–20128.

CERTIFIED FORESTS: CHAIN OF CUSTODY CERTIFICATION:

FSC certification: 341 708 hectares (2019)9 PEFC certification: none (2019)10

OLB certification: 2 030 214 hectares (2017)1

FSC certification: 6 CoC certificates (2019)9 PEFC certification: none (2019)10

Other CoC certification: 2 BV-CW, 2 SGC-CW and 2 SW-CW certificates (2017)1

MAIN TIMBER SPECIES IN TRADE:

Okan (Cylicodiscus gabonensis), movingui (Distemonanthus benthamianus), kossipo (Entandrophragma candollei), sapelli (E. cylindricum), tali (Erythrophleum ivorense and E. suaveolens), azobé (Lophira alata), iroko (Milicia excelsa), dabéma

(Piptadeniastrum africanum), ayous (Triplochiton scleroxylon)11,12.

CITES-LISTED TIMBER SPECIES:

21 species:, Dalbergia afzeliana, D. boehmii, D. dalzielii, D. ealaensis, D. ecastaphyllum, D. hostilis, D. lactea, D. louisii, D. melanoxylon, D. oligophylla, D. pachycarpa, D. rufa, D. saxatilis, D. sissoo, Diospyros ferrea, Guibourtia demeusei,

G. pellegriniana, G. tessmannii, Pericopsis elata, Prunus africana and Pterocarpus erinaceus (all Appendix II)13

RANKINGS IN GLOBAL FREEDOM AND STABILITY INDICES:

Rule of law index14 4th quarter

124/128 in 2020 (score: 0.36/1)

Corruption perception index15

4th quarter 153/180 in 2019 (score: 25/100)

Fragile states index16 4th quarter

score: 97 in 2020 (rank: 158/172)

Freedom in the world17 4th quarter

171/195 in 2020 (score: 18/100)

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LEGAL TRADE FLOWS

In 2017, exports of EUTR-regulated products (timber and timber products to which the EUTR applies) from Cameroon totalled USD 516 million, of which 36% was exported to the EU-28, according to data from the UN Comtrade Database7. Cameroon exported EUTR products to 81 different countries and territories. The main global markets for Cameroon’s EUTR products in 2017 by value were China and Viet Nam (Figure 1 a). The main EUTR products exported from Cameron by HS code according to value in 2017 were sawn wood (HS 4407) and rough wood (HS 4403) (Figure 1 b). a) b)

Figure 1: a) Main global markets for EUTR products from Cameroon in 2017 in USD; b) Main EUTR products exported from Cameroon in 2017 by

HS code according to value in USD. Produced using data from the UN Comtrade Database7.

The EU imported 252 million Euros of EUTR-regulated products from Cameroon in 2018, according to data from the Eurostat Comext database18. The main EUTR product imported into the EU from Cameroon in 2018 by value (Figure 2) and weight (Figure 4) was sawn wood (HS 4407), followed by veneer sheets (HS 4408). The main importers of EUTR products in 2018 were (in order of most imports) Belgium, Italy, France and Spain by value and Belgium, Italy, France and Ireland by weight.

Over the ten year period 2009–2018, the total value of EU imports of EUTR-regulated products from Cameroon has fluctuated (Figure 3), with sawn wood (HS 4407) making up the majority of EU imports by product. Figure 2: Main EUTR products by value in EUR imported into the EU

from Cameroon in 2018. Produced using data from Eurostat18.

Figure 3: Value of total imports of EUTR products in EUR imported into the EU from Cameroon 2009-2018. Produced using data from Eurostat18.

Figure 4: Main EUTR products by weight imported into the EU from Cameroon in 2018. Produced using data from Eurostat18.

Key to HS codes: 4401 = fuel wood; 4403 = rough wood; 4407 = sawn wood; 4408 = veneer sheets; 4412 = plywood and veneered panels; 4819 = cartons and boxes of paper and paperboard.

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The production and trade flows of wood products in 2015 (Table 1) show that Cameroon produced more wood products than were consumed.

Table 1: Production and trade flows of wood products in Cameroon in 2015 (based on ITTO 2017 data)19.

Production (x 1000 m³)

Imports (x 1000 m³)

Domestic consumption (x 1000 m³) Calculated from

reported data

Exports (x 1000 m³)

Logs (Ind. Roundwood) 3210 0 2058 1152

Sawn wood 1022 0 360 662

Veneer 29 0 1 28

Plywood 18 1 12 7

KEY RISKS FOR ILLEGALITY

COMPLIANCE WITH LEGISLATION:

Corruption is considered to be an issue within the forestry sector20,21,22, which is hindering progress in the implementation of a timber legality verification system23. Weak application of the law and impunity (lack of sanctions or accountability of State officials)

are considered among the main causes of the persistence of corruption in the forestry sector22.

ILLEGAL HARVESTING OF SPECIFIC TREE SPECIES: PREVALENCE OF ILLEGAL HARVESTING OF TIMBER:

Azobé (Lophira alata), sapeli (Entandrophragma cyindricum), doussié (Afzelia spp.), moabi (Baillonella toxisperma), wengé

(Millettia laurentii), tali (Erythrophleum ivorense, E. suaveolens), iroko (Milicia excels, M. regia)24and bubinga

(Guibourtia tesmanii)25,26.

Estimated at 33% of overall log production in 201327 and 65% of total timber production in 201520.

RESTRICTIONS ON TIMBER TRADE: COMPLEXITY OF THE SUPPLY CHAIN:

Logs of 23 species prohibited from export from Cameroon, as listed in Annex I-B of the Cameroon VPA28.

20% tax on exports of logs since 201729. No relevant EU30 or UN sanctions31 on timber exports or

imports.

Cameroon is a transit country for timber from the Central African Republic and the Republic of Congo, which may be

reported as originating in Cameroon27.

Illegal harvest and trade

Estimates of illegal logging in Cameroon vary from 33% of overall log production, based on a survey of forestry sector

experts in Cameroon in 201327, to 65% of total timber production, based on an estimate by think-tank Chatham House in

201520. A 2010 study identified “corruption, poverty, conflicts, issues with licencing schemes, usurpation of property

rights, and inadequate institutional support” as the main drivers of illegal logging in Cameroon, based on interviews with

stakeholders32. Issues with illegality have also been identified in the production chain, including unregulated sawmills

operating for the domestic market33.

In a 2017 risk assessment of timber legality in Cameroon, NEPCon identified a number of specified risks including: areas

with overlapping land classifications resulting in conflicting legal use of the land; forest management plans often prepared

based on limited or low quality data, then poorly implemented or not complied with (particularly by smaller operators);

possible corruption in the application process for annual cutting area or harvesting without a permit; risk of falsifying tax

declarations and inadequate monitoring and enforcement of payment of taxes; illegal harvesting of timber from reserves;

lack of an approved environmental impact assessment in small forest titles; and overharvesting34.

In 2018, issues reported to be regularly observed in independent external observation (OIE) missions of members of the

OIE Coordination Cameroon included: unauthorised logging; exploitation of prohibited species (e.g. Bubinga); no

delineation of the annual allowable cut; unmarked stumps and logs; overlapping boundaries between cut sales and

community forests; and creation and extensions of community fields and agroindustrial plantations26.

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The forestry sector has been noted to suffer from corruption in Cameroon20,21,22, with a National Strategy for the Fight

Against Corruption implemented since 201135, 36. A 2011 report by the Cameroon National Anti-Corruption Commission

(Commission Nationale Anti-Corruption, CONAC) noted that checks on the Ministry of Forests and Wildlife (MINFOF) in

2008 found MINFOF agents allegedly involved in illegal activities21. Five years later, CONAC’s reports repeat similar

findings: illegal logging is prevalent, together with large scale corruption35. During a mission on the construction site of a

Lycée Technique in Yabassi (Nkam region) in 2016, following a denunciation reporting illegal logging against a background

of corruption by a the Chinese company in charge with building the school, investigators found the denunciation to be

well-founded, including illegal exploitation of timber and complicity of several high-level officials, including the Delegate

of Forests and Fauna of the Nkam departement35. In 2017, CONAC reported on a successful reduction (by 82% over 100

days) of the extent of illegal and informal practices in 37 communal forests and 23 legal entities, due to efforts of

MINFOF36. However, the report also highlighted a general lack of transparency and laxity from MINFOF officials when

dealing with cases of illegal logging36.

In line with the various CONAC reports published from 2011 to 2017, MINFOF’s own investigation (in 2012) into

corruption practices in the forestry and wildlife sector confirmed that there was complicity between MINFOF agents and

economic operators involved in corrupt practices, following which they developed an anti-corruption action plan, in

alignment with the National Strategy to Fight Corruption (SNLCC)21,35–39. Interviews with a range of forestry professionals

2008-2011 indicated collection of “informal payments” was also common40. Misappropriation of forestry related taxes

during the period 2000-2004 were also highlighted in a 2012 World Bank report41; fraud in public auctions for seized

timber products has also been noted, related to ineffective monitoring27. Citizen’s ability to hold forest authorities

accountable or to fully participate in forest management was reported to be hindered by a decentralised system and lack

of information34. Prevention and educational campaigns, through television and radio broadcasts for instance, have

significantly contributed to raising awareness on forest legislation and alerting the public to the widespread occurrence of

corruption in the timber industry36. However, sanctioning unlawful behaviours was reported to remain a challenge36.

Although Cameroon’s new Penal Code (2016) has incorporated provisions found in the United Nations Convention against

Corruption, very little was reported to have been done in practice to punish those involved in illegal logging36.

Since 2012, an assessment of the Corruption Perceptions Index (ACPI) has been regularly conducted in the forest and

wildlife sector, to assess stakeholder perceptions of the effectiveness of anti-corruption initiatives under the National

Anti-Corruption Strategy (NACS) and initiatives to promote good governance (e.g. FLEGT VPA and REDD+)22. A 2013

survey of experts on illegal logging issues in Cameroon indicated that perceptions of the effectiveness of the

Cameroonian government’s response to illegal logging had improved since a 2010 poll27 (although the authors note that a

higher proportion of government representatives in the 2013 survey may be a factor). The 2017 ACPI carried out by

Forêts et Développement Rural (FODER) indicated an increase in corruption perceptions between 2014 and 2017, despite

activities to promote good governance, with >50% of stakeholders surveyed in 2017 giving high corruption perception

scores of 8/10 – 10/10, indicating that anti-corruption initiative may be inadequate and ineffective22. The assessment

describes a “progressive normalisation of illegality in the forest and wildlife sector”, with many stakeholders carrying out

forest exploitation activities doing so without the required official authorizations or documents, a situation fostered by

corruption of actors further up the supply chain. Stakeholders were also reported to carry out activities prohibited by

forest rules and regulations, such as not respecting the prohibition on exploiting poles in the national estate (Circular No.

0059/C/MINFOF/CAB of 21 April 2016)22.

Reports have identified alleged corruption in the allocation of “small title” logging permits, e.g. salvage licences

(Autorisation de Récupération des Bois, or ARB) and harvested timber removal licences (Autorisation d’Enlèvement des

Bois abattus, or AEB)24,42. Furthermore, the implementation of forest and related resource allocation procedures was

considered to have worsened between 2010 and 2015 according to one study27, which also reported that the oversight

process in place for allocation of concession and “Vente de coupe” (cut timber sale) permits was not in place for the

allocation of “small title” permits27. Lack of transparency around logging permits has also been reported as an issue; for

example, lack of publicly accessible maps for areas of operation for some “Vente de coupe” permits43.

By Decision No. 0842 of 12 April 2012, MINFOF cancelled the Authorizations for Recovery and Removal of Timber (ARB

and AEB)1. This decision followed conclusions of field missions carried out in February and March 2012 by the National

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Forest Control Brigade and the Independent Observer. Since then, MINFOF has granted almost no AEB and ARB, generally

a source of fraud, since most were reportedly obtained under the guise of agricultural or development projects1.

Investigations into a Cameroonian timber export company, Compagnie de Commerce et de Transport (CCT), indicated

that a number of logging companies which supplied CCT were allegedly involved in the laundering of illegally harvested

wood43,44. Many suppliers were logging with “Vente de coupe” permits [see Forestry management section], which are

associated with destructive logging practices as well as the laundering of timber logged outside the boundaries of the

legal logging titles43,44. Subsequent to concerns regarding the risk of illegal timber entering CCT’s supply chain, a Dutch

importer of CCT timber was taken to court and, in 2017, was found to be in breach of its due diligence obligations under

EUTR45. The Ministry of Forestry and Wildlife issued responses to the 2015 study46 and to a 2017 allegation of logging in

the Dja Wildlife Reserve47, refuting the allegations made by the NGO Greenpeace.

Investigations carried out by civil society organisations during independent external observation missions in 2018

uncovered alleged illegal logging in the national forest domain and state forests carried out by three different companies

operating in the Sanaga Maritime (South), Upper Nyong and Upper Nyong, East48. Investigations into a palm oil

concession in southwest Cameroon have also alleged that initial allocation of the concession may have been illegal49, as

were subsequent exports of timber to China, logged during forest clearance50. In November 2019, two forestry

companies (Société Bois Africains du Cameroun, SBAC and Société Forestière de Bouraka, SFB) were suspended by the

Ministry of Forests and Wildlife (MINFOF) for logging beyond concession limits and failure to comply with technical

standards51.

In Cameroon, most of the timber consumed locally comes from informal sources33,52. Whilst policies for sustainable forest

management in Cameroon have largely focussed on commercial logging operations, largely operating in concessions,

there has been a growth over the last 15 years in informal, small-scale/artisanal logging and processing53. This has taken

two different forms, i) community forests, which allow village associations to legally harvest, process and trade timber

(turnover <EUR 2 million per year) and ii) individuals chainsaw milling, which operates outside the legal framework and

has become an important economic activity in rural and urban areas (representing an annual turnover of EUR 93 million,

with an annual production of ~715 000 m3)53.

Despite corruption in the forest sector, forestry companies that have committed to sustainable forest management

through forest certification processes tend to better enforce the law54. Furthermore, certified Forest Management Units

in the Congo Basin have been found to have additional positive social impacts (when compared with non-certified FMUs),

such as better working and living conditions and the existence of benefit-sharing mechanisms54. The recent withdrawal of

several European forestry companies from the Congo Basin (such as the sale by Dutch firm Wijma of several forest

concessions in Cameroon) is associated with a decline in FSC certification, as Asian successors are not necessarily

maintaining certifications55. Wijma ceased timber operations in the South-West Region of Cameroon in 2018, citing

financial and operational difficulties56 – the company faced criticism for unethical practices due to continuing to log in a

zone of armed conflict57,58.

Forestry management and legislation

Cameroon’s Forestry Law of 1994 lays down Forestry, Wildlife and Fisheries regulations, including dividing the forest area

into two main groups: i) the permanent forest domain (State forests – including areas protected for wildlife and various

types of forest reserve, and Council forests) and ii) non-permanent forest estate (communal forests, community forests

and forests belonging to private individuals)59. Any activities within State or Council forests must be carried out in

accordance with a management plan; where the State forest is divided into Forest Management Units, each FMU must

have a management plan59. In 2017, there were reported to be 115 FMUs (Unité forestière d’aménagement or UFA in

French), covering an area of 6.829 million ha1. Community and private forests require simple management plans59. In

communal forests, “Vente de coupe” permits do not require a management plan - these cover authorisation to exploit an

area not exceeding 2500 ha, with sales of standing volume granted for a non-renewable period of three years59.

Gaps in coordination between the laws on forests, mining and land use have encouraged the development of legislation

and policies27, in particular Law n0 2011 of 6 May 2011 of Guidance for Planning and the Sustainable Development of the

Territory of Cameroon, and the subsequent processes for drawing up the National Scheme and the regional spatial

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planning schemes for the territory. A reform of the Forestry Law and other aspects of the legal framework is stipulated as

a required supporting measure of the FLEGT Voluntary Partnership Agreement (VPA) with Cameroon28,60,61 (which

entered into force in 2011); the reforms are reported to still be ongoing27,62. Whilst the inclusion of the domestic timber

market in Cameroon’s VPA requires a long-term legalisation process for timber sold on the domestic market, there are

numerous obstacles to meeting the domestic demand for sawn wood with timber of legal origin52, and socio-economic

implications of bringing informal logging within the legal framework52,63.

Article 9 of the VPA states that Cameroon “shall establish a system for verifying that timber and derived products have

been produced or acquired legally”, with the components of the “timber legality verification system” (TLAS) set out in an

annex of the VPA28. Part of this process involves development of a web-based information management and traceability

system, SIGIF II (Système Informatisé de Gestion des Informations Forestières deuxième génération), to assist with, inter

alia, verifying the chain of custody of timber28,64. Full implementation of the system was reported to have been hampered

by issues including poor internet and electricity supply in some areas, corruption and lack of resources23. Whilst

development of SIGIF II was noted to have been more difficult than expected, MINFOF approved the provisional version

of the software in 201765 [currently work on SIGIF II has halted, with no functional system available]. The lack of

significant progress in developing a timber traceability system is considered one of the major issues in the FLEGT VPA

process66 and is cited as an indicator of the ineffectiveness of the FLEGT Action Plan67.

The current legality grids set out in the VPA have proved difficult to implement, due to the ‘inoperative’ nature of some of

the verifiers67. Legality grids have proved to be inapplicable at the forest concession level, as most forest concessions

cannot provide the complete set of documents requested. A process of revision of the VPA legality grids is currently

underway.

Under Cameroonian law, operators require a ‘certificate of legality’ (issued by MINFOF) to show that they conduct their

activities in accordance with national law28 [certificates of legality are one of the requirements needed for FLEGT licences

to be delivered, but alone they do not constitute proof of legality. They do not attest to the legality of the supply chain for

the timber or timber products68]. Certificates of legality can currently only be delivered to processing units. In January

2017, MINFOF issued the first certificates of legality to eight timber processing companies, certifying that operations on

their site are legal: CIFM, GVI, SEFECCAM, SFIL, SIM, CAFECO, ALPICAM and SEFAC69. In the 2017 Joint Annual Report on

implementation of the FLEGT VPA in Cameroon, MINFOF was reported to have issued 18 certificates of legality to

16 operators for the timber processing units, and the Ministry of the Environment, Protection of Nature and Sustainable

Development (MINEPDED) awarded 21 compliance certificates with environmental obligations (one of the necessary

elements for the issuance of certificates of legality)65.

Under Cameroonian law, export licences constitute a proof of legality for Cameroonian timber products68. However

without a working TLAS underpinning an export licence, these will not recognised in the EU as proof of the legality of the

timber or timber products68.

Entry into force of the FLEGT VPA was reported to have promoted greater access to information in the forest sector,

including creation of a website (www.apvcameroun.cm) as part of implementation of Annex VII of the Agreement70,61.

Some of the information required for management is available for concessions (Forest Management Units), but key

documents such as annual operating plans, terms of reference and environmental impact assessments are not published

regularly70. Required attribution information is not available for all types of "small permits". There is little or no publicly

available information on log production, processing and export. In some cases, current public data needs to be updated

(eg regarding industrial processing capabilities)70. Regular publication and updating of information on the VPA website

was reported to remain a challenge in terms of access to information in the forestry sector70.

Cameroon has successively experimented with a series of “Independent Forest Monitors” (IFMs)27, initially including

Global Witness71, then Resource Extraction Monitoring (REM: 2005-2009)72, followed by AGRECO-CEW (2010-2013)27.

Since 2010, Independent External Observers led by local civil society organisations continue to play a strong role in

independent monitoring, informing MINFOF of cases of non-compliance73,65, and the role of independent observers is

foreseen in Cameroon’s VPA28. The regional programme CV4C (Citizen Voices for Change) has been implemented in

Cameroon since 2017 by national NGOs FODER, FLAG and CED, contributing to the implementation of the National Forest

and Fauna Law Enforcement Strategy (SNCFF). The independent NGO monitoring coalition SNOIE (Standardized

Independent External Observation System) became ISO 9001 certified in 2018 (the first civil society approach to

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monitoring natural resources to achieve such status)65. SNOIE is part of informant network used by MINFOF to carry out

its activities of monitoring and sanctioning offenders found guilty of illegal logging; since February 2016, 14 denunciation

reports produced within the framework of the SNOIE have been transmitted to MINFOF, 10 of which led to a reaction of

the administration in charge of forests, with actions including raids of forest brigades and sanctions against offenders

including seizures, fines and suspension of forestry licences74.

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RELEVANT LEGISLATION AND POLICY1

National laws and regulations relevant to the timber legality definition in the FLEGT Voluntary Partnership Agreement

between the EU and Cameroon can be found in Annex II of the VPA. Legislation texts are available via the Cameroon

VPA website: http://apvcameroun.cm/index.php/infos-legales [website currently unavailable]. The NEPCon (2017)

‘Cameroon Timber Legality Risk Assessment’ lists other relevant national legislation.

Main texts referenced in the 2011 VPA2

• Law No 92/007 of 14 August 1992 –

Employment Code

• Law No 94/01 of 20 January 1994 – The Forest

Code

• Law No 96/12 of 05 August 1996 – framework

law on management of the environment

• Law No 98/015 of 14 July 1998 - relating to

establishments classified as dangerous,

unhealthy or obnoxious

• Finance Law No 2002/003 of 19 April 2002 -

setting out the General Tax Code (and

subsequent revisions)

• Decree No 95-531-PM of 23 August 1995 -

establishes the implementation details for the

1994 Forest Code

• Decree No 99/781/PM of 13 October 1999 -

details the rules for the application of Article 71

(1) (amended) of the Forest Code

• Decree No 99/818/PM of 9 November 1999 – lays

down the provisions for setting up and operating

the establishments

• Decree No 2005/577 of 23 February 2005 - lays

out the procedures for performing

environmental impact assessments (EIAs)

• Decree No 2008/2115/PM of 24 January 2008

• Order No 013/MINEE/DMG/SL of 19 April 1977

• Order No 222/A/MINEF of 25 May 2002 -

Establishes procedures for developing, approval,

monitoring and control of the implementation

of forest management plans for the production

forests in the permanent forest estate

• Order No 0069/MINEP of 8 March 2005 -

describes those activities that are subject to

carrying out an environmental impact

assessment

• Decision No 0108/D/MINEF/CAB of 9 February

1998 - applying the Rules on activities in forest

areas

• Decision No 135/B/MINEF/CAB of 26

November 1999 - laying down the forest classification procedures of the permanent forest domain

• Decision No 0098/D/MINFOF/SG/DF/SDFC

adopting the document entitled ‘Manual of

award procedures and management rules

for community forests – Version 2009’

• Circular No

0354/LC/MINFOF/SG/DF/SDAFF/SN

• Circular 0048/LC/MINFOF/SG/DF/SDFC of 16

January 2009

• Rules on activities in forest areas (NIMF)

• Logging inventory rules, ONADEF, May 1995

• PROC - Procedure for drawing up, approving,

monitoring and controlling management

plans for the productive forest of the

permanent forest domain of Cameroon

(various technical sheets)

• Terms and conditions of the Centre for

Enterprise Development

• Guide on environmental measures in

relation to logging in Cameroon (Ministry of

the Environment and Nature Protection –

March 2005 version)

• Collective bargaining agreement of loggers

• Inventory, management and pre-investment

rules, Cameroon National Forest

Development Office (ONADEF), June 1991

1 The list provided may not be exhaustive and is intended as a guide only on relevant legislation. 2 Includes texts relating to forestry, environment, trade and export. See the VPA Annex II for texts relating to social obligations.

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Other relevant texts

• Decree No 95/678 of 18 December 1995 - sets

up an indicative framework for land use in

southern forest areas.

• Decree No 95-466-PM of 20 July 1995 -

establishes the conditions for the implementing

Cameroon’s wildlife regulations

• Decree No 96/642/PM of 17 September 1996 -

covers the basis and methods of collection of

royalty and taxes on forestry activities

• Decree No 98/ 003 – forest royalties

• Decree No 99/370/PM of 19 March 1999

• Decree No 2000-092-PM of 27 March 2000 -

amends Decree No 95-531-PM (see above) and

establishes detailed rules for the

implementation of the forest regime

• Decree No 2005/2869/PM of 29 July 2005 - sets

forth the enactment provisions of a number of

provisions of the CITES

• Decree No. 00002 / MINEPDED of 8 February

2016 defining the standard outline of the terms

of reference and the content of the

environmental impact notice

• Order No 74-1 of 6 July 1974 - establishing the

land tenure regime

• Order No 74-2 of 6 July 1974 – establishing the

domanial regime

• Order No 00122/MINEFI/MINAT 29 April 1998 -

obligates the establishment of a management

committee responsible for managing forest

royalties in all sub-divisions and villages where

forest concessions are situated

• Order No 0872/MINEF of 23 October 2001 -

classification of forest species

• Order No 2001/ 0518/MINEF/CAB of 21

December 2001 - Clarifies forest species

classification

• Order No 0070/MINEP of 22 April 2005 - Defines

the different categories of operations whose

realization is subjected to an environmental

impact assessment

• Order No 067/PM of 27 June 2006 - provides

the organizational set-up and operational

procedure of the Inter-Ministerial Coordination

and Monitoring Committee for the

implementation of the CITES

• Order No 00001/MINEP 3 February 2007 -

defines the general content of Terms of

Reference for Environmental Impact

Assessments and provides guidelines for its

formulation

• Joint Order No

0000076/MINADT/MINFI/MINFOF of 26 June

2012 - laying down the procedures for

planning, use and monitoring the

management of revenue from the

exploitation of forest resources and wildlife,

meant for Communities and the riverine

population.

• Order No 004 / MINFOF of 7 February 2013

laying down the criteria and procedures for

the issue of certificates of legality under the

FLEGT licensing scheme

• Order No 0021/PM/MINNFOF of 2 March

2018

• Ordinance No 99/001 of 31 August 1999 -

establishing the procedures for the

classification of the forests in the permanent

forest areas of the Republic of Cameroon

• Decision No 1354/D/MINEF/CAB of 26

November 1999

• Decision No

104/D/MINFOF/SG/DF/SDAFF/SN of 02

March 2006 - provides the designation and

definition of the role of the CITES Scientific

Authority in Cameroon.

• Decision No. 0842/D/MINFOF of 12 April

2012

• Decision No

173/D/MINFOF/SG/DF/SDAFF/SAG of 28

April 2016

• Decision No 0546A/MINFOF/SG

/DF/CJ/SDIAF of 05 October 2016, making

the Exploitation Inventory Guidelines

enforceable.

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LEGALLY REQUIRED DOCUMENTS3

Information on legally required documents can be found in the FLEGT Voluntary Partnership Agreement between the

EU and Cameroon (Annex II). Additional information taken from NEPCon (2017) ‘Cameroon Timber Legality Risk

Assessment’.

Note - Cameroon forest legislation stipulates many timber supply methods, in relation to which the legality concerns differ. Legality matrices for eight supply method are detailed in Annex II of the FLEGT VPA.

• Legal right to harvest: o Deed of classification of the forest (permanent

forest estate) o Provisional logging agreement o Forestry approval granted by the competent

authority o Certificate for registration as a timber processor o Letter of approval of the subcontracting

agreement o Order approving the management plan issued by

the Administration of Forestry (Communal forests and FMUs) or the order approving the simple management plan (Community Forest)

o Five-year management plan and operation plan for the current year (FMUs)

o Hammer mark registration records

• For harvesting: o Approval of the enterprise or its various

subcontractors having been involved in certain management activities (inventories, forestry)

o Service contracts with (an) approved structure(s) or a public body

o Count certificate or certificate confirming compliance with logging rules

o Annual harvesting site certificate (CAAC) or annual operating permit (PAO)

o Letter of approval of the terms of reference for the audit/environmental impact study

o Certificate of conformity of the environmental impact study/audit

o Notification of the start of activities o Count certificate or certificate confirming respect

of the logging rules o Worksite books (DF10) or SIGIF declaration

• For processing: o Certificate for registration as a timber processor o Environmental conformity certificate

• Environmental requirements: o Environmental conformity certificate o Environmental inspection report o Record of environmental offences

• For trade and transport: o Certificate of legality of the supplier(s) o Waybill secured and signed by the competent

authority of the Ministry responsible for forests, for the transportation of logs and cut timber by road

o Special declaration on note stamped by the competent manager in the event of transportation by rail

o Loading certificate of the competent customs department (transport in containers) together with the loading report of the forestry department and the place of loading

• Taxes and Fees o Certificate of registration of the bank guarantee

if required o Payment receipts (annual forestry charge [RFA],

felling tax [TA], plant entry tax [TEU]), local development taxes or other forestry taxes if stipulated in the terms and conditions)

• For export: o Certificate for registration as timber exporter o Justification for the payment of progressive

surtax o Export permit o Tax clearance

3 The list provided may not be exhaustive and is intended as a guide only on required documents.

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(2017). 37. Binam Bikoi, A. C., Sipehouo Metchebong, J. G. & Ntamack, H. Etude sur l’etat des lieux des pratiques de corruption dans le

secteur des forets et de la faune. (MINFOF, 2012). 38. Commission Nationale Anti-Corruption (CONAC). Rapport sur l’état de la lutte contre la corruption au Cameroun en 2013.

(2013). 39. Commission Nationale Anti-Corruption (CONAC). Rapport sur l’état de la lutte contre la corruption au Cameroun en 2014.

(2014). 40. Cerutti, P. O., Tacconi, L., Lescuyer, G. & Nasi, R. Cameroon’s hidden harvest: commercial chainsaw logging, corruption,

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(Greenpeace, 2015). 44. Greenpeace. La Socamba: How Cameroon’s stolen wood reaches international markets. (Greenpeace, 2016). 45. Court of Noord-Holland. de Rechtspraak pronunciation ECLI:NL:RBNHO:2017:4474. (2017). Available at:

https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBNHO:2017:4474. (Accessed: 6th February 2018) 46. MINFOF. Point of order: the Ministry of Forestry and Wildlife rebukes the Greenpeace report. (The Times Journal, 2015). 47. Journal du Cameroun. Forestry Minister debunks Greenpeace allegations. (2017). Available at:

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48. SNOIE. Syntheses des rapports d’observation independante externe - Cameroun (rapports produits en Novembre 2018). (Système Normalisé d’Observation Indépendante Externe, 2019).

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50. Greenpeace. Licence to Launder. (Greenpeace, 2014). 51. SNOIE. Deux entreprises forestières dénoncées pour exploitation forestière illégale par le Système Normalisé

d’Observation Indépendante Externe (SNOIE) suspendues. SNOIE Note d’information No. 8, Novembre 2019. 3 (2019). Available at: https://forest4dev.org/download/2680/. (Accessed: 1st December 2019)

52. Lescuyer, G. et al. National demand for sawnwood in Cameroon. A barrier to or an opportunity for promoting the use of timber resources of legal origin? (FAO and CIFOR, 2017).

53. Lescuyer, G., Cerruti. P.O. & Tsanga, R. Contributions of community and individual small-scale logging to sustainable timber management in Cameroon. Int. For. Rev. 18, 40–51 (2016).

54. Cerutti, P. O. et al. Social impacts of the Forest Stewardship Council certification in the Congo basin. Int. For. Rev. 19, 50–63 (2017).

55. Karsenty, A. The crisis in the European tropical timber sector in Central Africa (commentary). Mongabay 1 August 2018. (2018). Available at: https://news.mongabay.com/2018/08/the-crisis-in-the-european-tropical-timber-sector-in-central-africa-commentary/. (Accessed: 5th December 2019)

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67. FODER. Commentary note on future opportunities in line with the fight against illegal logging and deforestation. (2017). 68. EU FLEGT Facility. Q&A Cameroon-EU Voluntary Partnership Agreement. (2017). Available at:

http://www.euflegt.efi.int/q-and-a-cameroon. (Accessed: 23rd September 2019) 69. ATIBT. A further step forward in the implementation of the FLEGT VPA in Cameroon. (2017). Available at:

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70. Bassalang, M. M. Analyse de la transparence dans le secteur forestier au Cameroun. (CED, 2018). 71. Global Witness. IFM in Cameroon (2000-2005). (2005). Available at:

https://www.globalwitness.org/en/campaigns/forests/independent-forest-monitoring-ifm/ifm-cameroon/. (Accessed: 6th February 2018)

72. Resource Extraction Monitoring. Progress in tackling illegal logging in Cameroon. IM-FLEG Cameroon 4 year summary report: 2005-2009. (REM, 2009).

73. SNOIE. Syntheses des rapports d’observation independante externe - Cameroun (rapports produits de Décembre 2017 à Mai 2018). (alisé Observation Indépendante Externe SNOIE, 2018).

74. FAO-EU FLEGT Programme, SNOIE & FODER. Briefing news. The denunciations of the civil society bring the administration in charge of the forests to act. (2018). Available at: https://oiecameroun.org/images/documents/articles/Briefing_news_denunciation_of_the_civil_society_push_the_administration_to_act.pdf.

These EU Timber Regulation country overviews support the work of EU Competent Authorities in assessing potential legality risks of timber and timber products from source countries of importance to the EU market. They were produced following a thorough review of the publicly available literature, as well as requesting additional information from Competent Authorities and experts. To ensure their accuracy, relevance and completeness, country overviews have been subject to comprehensive peer review, including consultation with relevant national ministries/agencies and in-country experts, the European Commission and Competent Authorities, with special thanks to expert input from EFI EU FLEGT Facility. These documents are updated periodically based on available information. Specific inputs can be sent to [email protected], for potential inclusion in the next update. Published overviews are available from https://ec.europa.eu/environment/forests/timber_regulation.htm.